copy read of his majesty's letters patent to Connecticut colony; wherein, though we do not find the colony of New-Haven expressly included, yet to show our desire that matters may be issued in the conserving of peace and amity, with righteousness between them and us, we shall communicate your writing, and a copy of the patent, to our freemen, and afterwards, with convenient speed, return their answer. Only we desire, that the issuing of matters may be respited, until we may receive fuller information from Mr. Winthrop, or satisfaction otherwise; and that in the mean time, this colony may remain distinct, entire, and uninterrupted, as heretofore: which we hope you will see cause lovingly to consent unto; and signify the same to us with convenient speed."

On the 4th of November, the freemen of the colony of NewHaven, convened in general court. The governor communicated the writings to the court, and ordered a copy of the patent to be read. After a short adjournment, for consideration in an affair of so much importance, the freemen met again, and proceeded to a large discussion of the subject.

The Rev. Mr. Davenport was entirely opposed to an union with Connecticut. He proceeded, therefore, to offer a number of reasons, why the inhabitants of New-Haven could not be included in the patent of that colony, and for which they ought by no means, voluntarily to form an union. He left his reasons in writing for the consideration of the freemen. He observed that, he should leave others to act according to the light which they should receive.

It was insisted, that New-Haven had been owned as a distinct government, not only by her sister colonies, by the parliament, and the protector, during their administration; but by his majesty, king Charles the second: That it was against the express articles of confederation, by which Connecticut was no less bound, than the other colonies: That New-Haven had never been certified of any such design, as their incorporation with Connecticut; and that they had never been heard on the subject. It was further urged, that, had it been designed to unite them with Connecticut, some of their names, at least, would have been put into the patent, with the other patentees; but none of them were there. Hence it was maintained, that it never could have been the design of his majesty, to comprehend them within the limits of the charter. It was argued, that for them to consent to an union would be inconsistent with their oath, to maintain that commonwealth, with all its privileges, civil and religious. Indeed, it was urged, that it would be incompatible both with their honor and most essential interests.

Governor Leet excused himself from speaking on the subject, desiring rather to hear the freemen speak their minds freely, and to act themselves, with respect to the union.

After the affair had been fully debated, the freemen resolved, that an answer to Connecticut should be drawn up under the following heads.

1. "Bearing a proper testimony against the great sin of Connecticut, in acting so contrary to righteousness, amity, and peace." 2. "Desiring that all further proceedings, relative to the affair, might be suspended, until Mr. Winthrop should return, or they might otherwise obtain further information and satisfaction."

3. "To represent, that they could do nothing in the affair, until they had consulted the other confederates." 1

The freemen appointed all their magistrates and elders, with Mr. Law, of Stamford, a committee to draw up an answer to the General Assembly of Connecticut. They were directed to subjoin the weighty arguments, which they had against an union. If these should not avail, they were directed to prepare an address to his majesty, praying for relief.

The committee drew up a long letter, in which they declared, that they did not find any command in the patent, to dissolve covenants, and alter the orderly settlement of New-England; nor a prohibition against their continuance as a distinct government. They represented, that the conduct of Connecticut, in acting at first without them, confirmed them in those sentiments; and that the way was still open for them to petition his majesty, and obtain immunities, similar to those of Connecticut. They declared, that they must enter their appeal from the construction which Connecticut put upon the patent; and desired that they might not be interrupted, in the enjoyment of their distinct privileges. They solicited, that proceedings relative to an union might rest, until they might obtain further information, consult their confederates, and know his majesty's pleasure concerning them.

The committee then proceeded to represent the unreasonable and injurious conduct of Connecticut towards them, in beginning to exercise jurisdiction within their limits, before they had given them any intimations that they were included in their charter; before they had invited them to an amicable union; and before they had any representation in their assembly, or name in their patent. They urged, that, in such a procedure, they had encouraged division, and given countenance to disaffected persons: that they had abetted them in slighting solemn covenants and oaths, by which the peace of the towns and churches, in that colony, was greatly disturbed. Further, they insisted, that, by this means, his majesty's pious designs were counteracted, and his interests disserved: that great scandal was brought upon religion before the natives, and the beauty of a peaceable, faithful and brotherly walking exceedingly marred among themselves. The committee also represented, that these transactions were entirely inconsistent

1 Records of New-Haven.

with the engagements of governor Winthrop, contrary to his advice to Connecticut, and tended to bring injurious reflections and reproach upon him. They earnestly prayed for a copy of all which he had written to the deputy governor and company on the subject. On the whole, they professed themselves exceedingly injured and grieved; and intreated the general assembly of Connecticut to adopt speedy and effectual measures to repair the breaches which they had made, and to restore them to their former state, as a confederate and sister colony.1

Connecticut made no reply to this letter; but at a general assembly, holden March 11th, 1663, appointed the deputy governor, Messrs. Matthew and John Allen, and Mr. John Talcott, a committee to treat with their friends at New-Haven, on the subject of an union. But the hasty measures which the general assembly had taken, in admitting the disaffected members of the several towns, under the jurisdiction of New-Haven, to their protection, and to the privileges of freemen of their corporation, and in that way beginning to dismember that colony, before they had invited them to incorporate with them, had so soured their minds and prejudiced them, that this committee had no better success than the former.

In consequence of the claims of Connecticut, and of what had passed between the two colonies, governor Leet called a special assembly at New-Haven, on the 6th of May. It was then proposed to the court, whether, considering the present state of the colony, and the affairs depending between them and Connecticut, any alteration should be made, with respect to the time or manner of their election? The freemen resolved, that no alteration should be made. They then determined upon a remonstrance, or declaration, to be sent to the general assembly of Connecticut. In this they gave an historical account of the ends of their coming, with their brethren in the united colonies, into New-England, and of the solemn manner in which these colonies had confederated; and insinuated, that the conduct of Connecticut towards them, was directly contrary to the designs of the first planters of New-England, and to that express article of the confederation, that no one colony should be annexed to another, without the consent of the other colonies. They declared, that if, through the contrivance of Connecticut, without their knowledge or consent, the patent did circumscribe that colony, it was, in their opinion, contrary to brotherly love, righteousness, and peace. They also declared, that, notwithstanding the sense which Connecticut put upon their patent, they could not find one line or letter in it, expressing his majesty's pleasure, that they should become one with that colony. The court affirmed, that they were necessitated to bear testimony against the appointment of constables and other officers, in the

1 Letter to Connecticut, No. X,

towns under their jurisdiction, and the dismembering of their colony, by receiving their disaffected people under the protection of a legislature distinct from theirs, and in which they had no representation. They remonstrated against this, as distracting the colony, destroying the comfort, and hazarding the lives and liberties of their confederates; as giving great offence to their consciences, and as matter of high provocation and complaint before God and man. All this unbrotherly and unrighteous management, they represented as exceedingly aggravated, in that, notwithstanding their former representations and intreaties, in writing, notwithstanding their appeal to his majesty, and notwithstanding all their past distress and sufferings, they were still pursuing the same course. They still declared, that they appealed to his majesty; and that, exceedingly grieved and afflicted, they, in the sight of God, angels, and men, testified against such proceedings.1

While these affairs were transacted in the colonies, the petition and address of New-Haven, to his majesty, arrived in England. Upon which governor Winthrop, who was yet there, by the advice of the friends of both colonies, agreed, that no injury should be done to New-Haven, and that the union and incorporation of the two colonies should be voluntary. Therefore, on the 3d of March, 1663, he wrote to the deputy governor and company of Connecticut, certifying them of his engagements to the agent of New-Haven; and that, before he took out the charter, he had given assurance to their friends, that their interests and privileges should not be injured by the patent. He represented, that they were bound by the assurances he had given; and, therefore, wished them to abstain from all further injury and trouble of that colony. He imputed what they had done to their ignorance of the engagements which he had made. At the same time, he intimated his assurance, that, on his return, he should be able to effect an amicable union of the colonies.2

At the election in Connecticut, May 14th, Mr. Howell and Mr. Jasper Crane were chosen magistrates, instead of Mr. John Allen and Mr. John Ogden. Mr. John Allen was appointed treasurer.

Connecticut now laid claim to West-Chester, and sent one of their magistrates to lead the inhabitants to the choice of their officers, and to administer the proper oaths to such as they should elect. The colony also extended their claim to the Narraganset country, and appointed officers for the government of the inhabitants at Wickford.

Notwithstanding the remonstrance of the court at New-Haven, their appeal to king Charles the second, and the engagements of

1 No. XI.

2 Governor Winthrop's letter to Connecticut, No. XII.

3 Mr. Crane was chosen magistrate, this year, in both colonies.

governor Winthrop, Connecticut pursued the affair of an union, in the same manner in which it was begun. At a session of the general assembly, August 19th, 1663, the deputy governor, Mr. Wyllys, Mr. Daniel Clarke, and Mr. John Allen, were appointed a committee to treat with their friends of New-Haven, Milford, Guilford, and Branford, relative to their incorporation with Connecticut. Provided they could not effect an union, by treaty, they were authorised to read the charter publicly at New-Haven, and to make declaration to the people there, that the assembly could not but resent their proceeding, as a distinct jurisdiction, since they were evidently included within the limits of the charter, granted to the corporation of Connecticut. They were instructed to proclaim, that the assembly did desire, and could not but expect, that the inhabitants of New-Haven, Milford, Guilford, Branford, and Stamford, would yield subjection to the government of Connecticut.

At the meeting of the commissioners, in September, NewHaven was owned by the colonies, as a distinct confederate. Governor Leet and Mr. Fenn, who had been sent from that jurisdiction, exhibited a complaint against Connecticut, of the injuries which they had done, by encroaching upon their rights, receiving their members under their government, and encouraging them to disown their authority, to disregard their oath of allegiance, and to refuse all attendance on their courts. They further complained, that Connecticut had appointed constables in several of their towns, to the great disquiet and injury of the colony. They prayed, that effectual measures might be taken to redress their grievances, to prevent further injuries, and secure their rights as a distinct confederate.

Governor Winthrop and Mr. John Talcott, commissioners from Connecticut, replied, that, in their opinion, New-Haven had no just grounds of complaint; that Connecticut had never designed them any injury, but had made to them the most friendly propositions, inviting them to share with them freely in all the important and distinguishing privileges, which they had obtained for themselves; that they had sent committees amicably to treat with them; that they were still treating, and would attend all just and friendly means of accommodation.

The commissioners of the other colonies, having fully heard the parties, determined, that as the colony of New-Haven had been "owned, in the articles of confederation, as distinct from Connecticut, and having been so owned, by the colonies jointly in the present meeting, in all their actings, they may not, by any acts of violence, have their liberty of jurisdiction infringed, by any other of the united colonies, without breach of the articles of confederation; and that where any act of power hath been exerted against their authority, that the same ought to be recalled, and their